(A) All HOST GLOBAL Customers
(B) HOST GLOBAL Web Hosting & E-commerce Customers
(C) HOST GLOBAL Dedicated Server Customers
(A) All HOST GLOBAL Customers
Actions Taken by HOST GLOBAL
If the payment of the services is not made by the due date, then HOST GLOBAL shall be entitled to charge interest on the overdue amounts for each day of delay in payment at a rate of 0.2%, as well as to proceed to the Suspension of HOST GLOBAL Services or to restrict the Clients’ access to all or part of the Services and/or public access to the Services. HOST GLOBAL shall reactivate the Services only after the payment of the due amounts, as well as of the interest.
All payments are subject to HOST GLOBAL’s Billing Policy. By supplying your credit card for the payment of HOST GLOBAL charges, you authorise HOST GLOBAL to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with HOST GLOBAL’s Billing Policy.
HOST GLOBAL reserves the right to increase the Prices of the Services, by giving a 30-day written notice. The new prices shall be applicable at expiry date of the above-mentioned term.
HOST GLOBAL is concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, HOST GLOBAL urges its customers to assume that all of their on-line communications are insecure. HOST GLOBAL cannot take any responsibility for the security of information transmitted over HOST GLOBAL’s facilities. Additional details on privacy and HOST GLOBAL’s use of customer information can be found in HOST GLOBAL’s Privacy Statement.
Server and System Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
HOST GLOBAL or its related persons shall not be held liable for any consequential, indirect, special, punitive, or incidental damages, whether foreseeable or unforeseeable, based on claims of the customer or its customers, (including but not limited to, claims for loss of data, goodwill, profits, use of money or use of the software, interruption in use or availability of data, stoppage of other work or impairment of other assets), arising out of breach of implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise, except only in the case of personal injury where and to the extent that applicable law prohibits exclusion of such liability. In no event will the aggregate liability which HOST GLOBAL and its related persons may incur in any action or proceeding arising out of performance or non-performance of this agreement exceed the total amount actually paid to HOST GLOBAL by the customer for the specific product or service that directly caused the damage.
Customers using over their agreed monthly bandwidth allocation (calculated in GB), whilst using HOST GLOBAL services will be subject to a charge (as displayed on the price list). Bandwidth will be calculated as an average across the calendar month, and will be charged in areas for its use. If you expect to use over your agreed bandwidth allocation you will be able purchase a lower pre-committed rate from our sales team.
UCE (Unsolicited Commerce Email) – SPAM
Spamming, the sending of unsolicited mass email from or through an HOST GLOBAL server or using an email address that is maintained on an HOST GLOBAL machine is STRICTLY prohibited. HOST GLOBAL will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a website hosted on an HOST GLOBAL server, or if they sell or distribute software on their website that facilitates spamming. Violators will be assessed a minimum fine of £250.00 and will face immediate suspension. HOST GLOBAL also will enable precautions to monitor security and UCE on servers within European and United States guidelines. Please report any instances of spamming from HOST GLOBAL specific servers/IP’s to email@example.com detailing as much information as possible, clearly identifying the source of the unsolicited email. This will then be investigated, dealt with and replied to within 24 hours. For specific details on what constitutes spamming on on our email platforms, see para entitled Email Distribution below.
Viruses and Other Destructive Activities
Use of HOST GLOBAL’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use HOST GLOBAL’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Third Party Providers
You agree that certain services may be provided by third party providers of HOST GLOBAL and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
For domain name registration services where a third party provider is named in your place (Proxy Services), you agree that if HOST GLOBAL or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If HOST GLOBAL provides the particular Proxy Services, then HOST GLOBAL reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.
HOST GLOBAL reserves the right to immediately suspend, terminate, transfer, or modify your services for reasons including (i) your breach of this Agreement, (ii) your use of the services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the services in connection with unethical activity, (iv) HOST GLOBAL’s receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to HOST GLOBAL as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your services.
HOST GLOBAL reserves the right to assign this Agreement in its entirety, without consent of the other party, to its Affiliates or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of its assets or part of a transfer as a going concern, or to another company of equal or better credit quality, providing at least the same or better service; this operation shall be notified to the other party via email or in MyHOST GLOBAL account at least 5 (five) days prior to the date on which such assignment shall operate.
(B) HOST GLOBAL Web Hosting & E-commerce Customers
Background Running Programs, Scheduled Tasks and Cron Jobs*
HOST GLOBAL may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact HOST GLOBAL at firstname.lastname@example.org so that we can arrange set-up.
CGI script sharing with domains not hosted by HOST GLOBAL is not permitted. Any CGI scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
HOST GLOBAL does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, HOST GLOBAL provides Java chat room software through SiteControl that meet most users’ needs and run without hindering system performance.
Any database stored on HOST GLOBAL’s servers shall be limited in size to 10% of the total disk space allotted for that particular domain\’s plan/web hosting account.
HOST GLOBAL provide no total limits for personal email use, through POP3 and SMTP email functions. However, frequency of email is controlled for the prevention of SPAMMING. Email therefore, even if within our UCE guidelines, will be limited to 250 indivdual respondant emails per 30 minute period, with a maximum number of recipients per email limited to 50. Any daily overage will be charged at HOST GLOBAL’s discretion. If you wish to provide mail functionality to your company on a larger scale please contact email@example.com to make special arrangements.
HOST GLOBAL does not allow IRC or IRC bots to be operated on our servers.
Multimedia files are defined as any graphics, audio, and video files. HOST GLOBAL shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any website whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. HOST GLOBAL shall be the sole arbiter of what is considered to be a high server usage level. All shared web hosting accounts apart from Silver/Gold come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
HOST GLOBAL’s shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact firstname.lastname@example.org to make special arrangements.
(C) HOST GLOBAL Dedicated Server Customers
Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.
HOST GLOBAL allows Dedicated Server customers the use of IRC inside the HOST GLOBAL network as long as the use of IRC on a HOST GLOBAL server does not violate any of the other terms of these TOU. As a policy, HOST GLOBAL will not provide vanity IRC reverse DNS records. To enforce this policy HOST GLOBAL does not turn the reverse address of IPs over to the customer. Authority over this information remains with HOST GLOBAL.